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      <td class="contentHeader"><h2>Dating agreement</h2></td>
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      <td class="content" ><br /><p>This online personals  service (the &quot;Service&quot;) is a way for adults to meet each other. The  Service is provided by Swapen..<br>
This legal agreement  (&quot;Agreement&quot;) is made between You and Us. This Agreement, as it may  be amended from time to time, applies to all users of any Swapen site.<br>
You may not use the  Service if you are under the age of 18 or you are not able to form legally  binding contracts, or if your membership has been suspended by Us. Please read  this Agreement carefully before registering for the Service. By registering for  the Service, You become a Swapen member, and You agree to be bound by the terms  and conditions of this Agreement for as long as You continue to be a Member. IF  YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT  REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE  SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE  SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION  OF THIS AGREEMENT ON THE SERVICE.<br>
In this Agreement the  following terms have the following meanings unless the context requires  otherwise:<br><br>
<strong>&quot;Agreement&quot;</strong> means the agreement between You and Us incorporating these terms  and conditions for the provision of the Service, as amended from time to time  in the manner set forth herein;<br><br>
<strong>&quot;We, Us, Our&quot;</strong> means Swapen.com<br><br>
<strong>&quot;You, Your, Yourself&quot;</strong> means the person who registers for the Service, accepts the terms  and conditions of this Agreement and whose application for membership of the  Service is accepted by Us.<br><br>
<strong>ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS.</strong> By becoming a Member, You represent and warrant  that You are at least 18 years old. By using the Service, You represent and  warrant that You have the right, authority and capacity to enter into this  Agreement and to abide by the terms and conditions of this Agreement. Your  membership for the Service is for Your sole, personal use. You may not  authorize others to use Your membership, and You may not assign or otherwise  transfer Your account to any other person or entity.<br><br>
<strong>REGISTRATION :</strong> Swapen  dating feature is absolutely free to use with all features that are available  for the member.<br><br>
<strong>TERM AND TERMINATION: </strong>This Agreement will remain in full force and effect while You use  the Service and/or are a Member. You may terminate your membership at any time  via the Websites or by sending Us written or email notice of termination. To  learn how to terminate your membership, visit the Help section of the Websites.  Either You or We may terminate your membership by removing your profile, at any  time, for any reason, with or without explanation, effective upon sending  written or email notice to the other party. Upon such termination by Us without  cause. <br><br>
<strong>PROPRIETARY RIGHTS: </strong>You represent and warrant to Us that the information posted in  Your profile, including Your photograph, is posted by You and that You are the  exclusive author of Your profile and the exclusive owner of Your photographs.  You assign to Us, with full title guarantee, all copyright in Your profile,  Your photographs posted, and any additional information sent to Us at any time  in connection with Your use of the Service. <br><br>
<strong>YOUR USE OF THE SERVICE:</strong> As a Member, You agree that:<br><br>
(1) You will use the  Service in a manner consistent with any and all applicable laws and  regulations. You will not include in Your profile any telephone numbers, street  addresses, last names, URL's or email addresses, other than in response to Our  prompts in the personal or general information sections of the Websites. You  will not engage in advertising to, or solicitation of, other members to buy or  sell any products or services through the Service. You will not transmit any  chain letters or junk email to other members. To protect Our members against  such conduct, depending on the Website you Subscribe to, We currently limit the  number of messages that any subscriber may send in a day. You are solely  responsible for Your interactions with other members. We reserve the right, but  have no obligation, to monitor and/or mediate disputes between You and other  members.<br><br>
(2) You are solely  responsible for the content or information You publish or display (hereinafter,  &quot;post&quot;) on the Service, or transmit to other members. You will not  post on the Service, or transmit to other members or to Us or Our employees,  any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually  oriented, threatening, harassing, racially offensive, or illegal material, or  any material that infringes or violates another party's rights (including, but  not limited to, intellectual property rights, and rights of privacy and  publicity). You will not include in Your profile any offensive language,  including but not limited to offensive anatomical or sexual references, or  offensive sexually suggestive or connotative language, and You will not post  any photos containing nudity or personal information. We reserve the right, but  We have no obligation, to reject any profile or photo that does not comply with  the prohibitions set forth in this section. We reserve the right to refuse  service to anyone, at our sole discretion.<br><br>
(3) By becoming a  Member, You agree to accept and consent to receiving email communications  initiated from Us or through Us including, without limitation: message  notification emails, &quot;Your Match&quot; emails, emails informing you about  events and parties We organize, emails informing You of changes to the Service  and emails informing You of promotions that either We provide or that are being  provided by third parties. If you choose to respond to promotions that are  provided by third parties and in the course of doing so, disclose information  to any external service providers, and/or grant them permission to collect  information about you, then their use of your information is governed by their  private policies. Message notification emails such as &quot;Your Match&quot;  emails, emails informing you about events and parties We organize and emails  informing You of changes to the Service are provided by Us as part of the  operation of the Service and you will receive these messages for as long as you  are Our member. Should You not wish to receive any of Our email communications,  please do not register with Us for the Service. However, You may opt-out of  receiving Email communications sent from Us or through Us offering You third  party goods or services. To learn how to do so, visit the Help section of the  Websites. <br><br>
(4) You agree that We  have no responsibility or liability for the deletion, corruption or failure to  store any messages or other content maintained or transmitted by Our Service.  You acknowledge that features, parameters or other services We provide may  change at any time. You acknowledge that We reserve the right to sign out,  terminate, delete or purge Your account from the Service if it is inactive.  &quot;Inactive&quot; means that you have not signed in to the Service for a  particular period of time, as determined by Us, in Our sole discretion.<br><br>
(5) Our customer service  employees are here to make your online experience enjoyable by providing  assistance and guidance to You. When speaking to Our customer service employees  on the telephone or communicating with them by any other means, You agree not  to be abusive, obscene, profane, offensive, sexually oriented, threatening,  harassing or racially offensive. Should any of Our customer service employees  feel, at any point, threatened or offended by Your conduct, We reserve the  right to immediately terminate Your membership and You shall not be entitled to  the refund of any subscription payments We have received from You.<br><br>
We are entitled to  investigate and terminate Your membership if You have misused the Service, or  behaved in a way which could be regarded as inappropriate, unlawful or illegal.  The following is a partial, but not exhaustive, list of the types of actions  that are illegal or prohibited under this Agreement:<br><br>
You will not harass or  impersonate any person or entity. You will not use any manual or automatic  device or process to retrieve, index, data mine, or, in any way reproduce or  circumvent the navigational structure or presentation of the Service or its  contents. You will not express or imply that any of Your statements are  endorsed by Us, without Our specific prior written consent. You will not interfere  with or disrupt any Service or any Website, servers or networks connected to  any Service or Website. You will not post, distribute or reproduce, in any way,  any copyrighted material, trademarks, or other proprietary information without  obtaining the prior written consent of the owner of such proprietary rights.  You will not remove any copyright, trademark or other proprietary rights  notices contained in the Service or forge headers or otherwise manipulate  identifiers in order to disguise the origin of any information transmitted  through the Service. You will not use meta tags or code or other devices  containing any reference to Us or the Service or the Website connected to the  Service in order to direct any person to any other website for any purpose. You  will not modify, adapt, sublicense, translate, sell, reverse engineer,  decipher, decompile or otherwise disassemble any portion of the Service or any  software used on or for the Service or cause or enable others to do so. You  will not post, email or otherwise transmit any material that contains software  viruses or any other computer code, files or programs designed to interrupt,  harm or limit the functionality of any computer software or hardware.<br><br>
<strong>INDEMNITY BY MEMBER:</strong> You will defend, indemnify, and hold Us and Our officers,  directors, employees, agents and third parties harmless, for any losses, costs,  liabilities or expenses relating to or arising out of Your use of the Service,  including:<br><br>
(I) Your breach of this  Agreement; (II) any allegation that any materials that You submit to Us or  transmit to the Service infringe or otherwise violate the copyright, trademark,  trade secret or other intellectual property or other rights of any third party;  and/or (III) Your activities in connection with the Service. This indemnity  shall be applicable without regard to the negligence of any party, including  any indemnified person.<br><br>
<strong>RELEASE:</strong> If You have a dispute  with one or more of Our Members, you release Us (and our officers, directors,  agents, subsidiaries, joint ventures and employees) from any claims, demands  and damages (actual and consequential) of every kind and nature, known and  unknown, arising out of or in any way connected with such dispute.&nbsp;<br><br>
<strong>ONLINE CONTENT:</strong> Opinions, advice, statements, offers, or other information or content made  available through the Service, but not directly by Us, are those of their  respective authors, and should not necessarily be relied upon. Such authors are  solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,  OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR  ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY  OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO  CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY  PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR  TRANSMITTED TO MEMBERS.<br>
WE RESERVE THE RIGHT,  BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS  OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN  OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS  AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE  CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN  YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE  NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR  COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE  EXTENT REQUIRED BY APPLICABLE LAW.<br><br>
<strong>INTELLECTUAL PROPERTY. </strong>All intellectual property rights in and to the Service are and  shall be owned by Us, absolutely. Those rights include, but are not limited to,  database rights, copyright, design rights (whether registered or unregistered),  patents, trademarks (whether registered or unregistered) and other similar  rights, wherever existing in the world, together with the right to apply for  protection of the same. All other trademarks, logos, service marks, company or  product names set forth in the Service are the property of their respective  owners. <br><br>
<strong>PRIVACY:</strong> The personal  information (including sensitive personal information) You provide to Us will  be stored on computers and/or servers. You consent to the use this information  to create a profile of interests, preferences and browsing patterns and to  allow You to participate in the Service. You also agree to read, review, comply  with, uphold and maintain Our <a href="http://www.jdate.com/Applications/Article/ArticleView.aspx?CategoryID=1948&ArticleID=6498&HideNav=True#privacy">Privacy  Statement</a> and the terms and  conditions thereof. If you are located outside of the United States, please  note that the information that you provide is being sent to the United States.  By becoming a Member of the Service, you consent to your data being sent to the  United States and to such other third parties and jurisdictions as may be  involved in the provision and operation of the Service.<br><br>
<strong>DISCLAIMERS:</strong> WE  PROVIDE THE SERVICE ON AN &quot;AS IS&quot; BASIS AND GRANT NO WARRANTIES OF  ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR  REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE  SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR  A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL  BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE  WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE  CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,  CONNECTIVITY AND AVAILABILITY.<br>
Although each member  must agree to Our terms and conditions, We cannot guarantee that each member is  at least the required minimum age, nor do we accept responsibility or liability  for any content, communication or other use or access of the Service by persons  under the age of 18 in violation of this Agreement. Also, it is possible that  other members or users (including unauthorized users, or &quot;hackers&quot;)  may post or transmit offensive or obscene materials through the Service and  that You may be involuntarily exposed to such offensive or obscene materials.  It also is possible for others to obtain personal information about You due to  Your use of the Service. Those others may use your information for purposes  other than what You intended. We are not responsible for the use of any  personal information that You disclose on the Service. Please carefully select  the type of information that You post on the Service or release to others. WE  DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS  OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR  OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.<br><br>
<strong>LIMITATION OF LIABILITY: </strong>IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR  ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED  TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF  SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR  INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW  OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING  ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE  WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED  TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF  YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN  MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY  DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT  LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT  OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT  OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE  SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE. COMPLAINTS: To resolve a  complaint regarding the Service, You should first contact Our customer service  department by clicking: <a href="http://www.jdate.com/Applications/ContactUs/ContactUs.aspx">contact us</a>. <br><br>
<strong>DISPUTE RESOLUTION:</strong> This Agreement is governed by the laws of the State of California  without regard to its conflict of law provisions. You agree to personal  jurisdiction by and exclusive venue in the state and federal courts of the  State of California, City of Los Angeles with regard to any and all claims by  you arising out of or related to the Websites. This Agreement shall not be  governed by the United Nations Convention on Contracts for the International  Sale of Goods, the application of which is hereby expressly excluded. <br><br>
<strong>WAIVER AND SEVERABILITY OF TERMS:</strong> Our failure to exercise or enforce any right or  provision of this Agreement shall not constitute a waiver of such right or  provision. If any provision of this Agreement is found by a court of competent  jurisdiction to be void, invalid or unenforceable, the parties nevertheless  agree that the court should endeavor to give effect to the parties' intentions  as reflected in the provision. In such case, the other provisions of this  Agreement shall remain in full force and effect. <br>
You certify that You  have read and that You agree to be bound by the terms and conditions in this  Agreement and our <a href="http://www.jdate.com/Applications/Article/ArticleView.aspx?CategoryID=1948&ArticleID=6498&HideNav=True#privacy">Privacy Policy</a>.</p>
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